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at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask f
phase of the case begins. the very complex legal process. an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word
thoughts on that? >> i don't think that that's going to happen. the obama administration has been clear, they're distancing themselves from that concept. you've got an american citizen. we don't have dzhokhar going abroad in training. his brother apparently did. but dzhokhar didn't. and dzhokhar is going to be tried as an individual on his own right. so i think the chances of this ending up as an enemy combatant are very small. >> but you've heard that because of high security concerns they would like to question him for a period of time, albeit briefly, before mirandizing him and reading him his rights. how long can they do that? how far can they go with those questions? >> well, that's a very good question. because the longer we go, the less likely there is that there's a public security issue here. one thing that the defense will certainly raise is the remarks of the police chief of watertown in which he said these are the only two guys, we're done. now the argument from the government will be well, he wasn't informed. but, you know, that's going to be played out pretty significantly
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